02 Mar Texans can receive Deferred Adjudication for Driving While Intoxicated!
On September 1, 2019, the Texas Legislature passed a bill making it possible to receive Deferred Adjudication for a first time Driving While Intoxicated offense if they qualify. Once the person completes the deferred adjudication period the case is dismissed! Just because a case is dismissed does not mean it disappears! There is still a record unless a Judge signs an Order of Non-Disclosure. The Non-Disclosure can take place after the second anniversary of the completion date of the deferred adjudication community supervision period.
Can I get Deferred Adjudication for All DWI Charges in Texas?
A Driving While Intoxicated offense will not qualify for Deferred Adjudication if at the time the driver
- has a commercial driver’s license
- Involves a blood alcohol content of .15 or more
- 2nd or more Driving While Intoxicated arrest
- Driving While Intoxicated with Child Passenger
- Flying While Intoxicated
- Assembling or Operating an Amusement Ride While Intoxicated
- Intoxication Assault
- Intoxication Manslaughter
Will the ignition interlock device be installed on my vehicle as a condition of deferred adjudication?
Most likely YES. If a judge grants Deferred Adjudication community supervision for a Driving While Intoxicated than the Ignition Interlock Device will most likely be a requirement of the community supervision period. But the Judge may waive the interlock requirement if, after a substance abuse evaluation, the Judge determines that requiring the interlock is not necessary for the safety of the public.
When can I file for a Non-Disclosure?
A person may petition the court two years after successful completion of Deferred Adjudication community supervision for an order of non-disclosure. Remember, the individual must not get into any trouble during the two year wait period and must otherwise qualify under the non-disclosure law.
For more information on the deferred adjudication bill click here